Baker v. R/A Cab Co.
2019 Ohio 4375
| Ohio Ct. App. | 2019Background
- Baker applied to R/A Cab Co. in early 2017 to work as a cab driver and was given a printed checklist of pre-employment requirements (insurance check, drug testing, FBI background check, CPR/first aid, taxi license) that he was told to complete at his expense.
- Company owner Bethany testified the Company needed drivers who met specific qualifications due to governmental contracts and told Baker to correct any deficiencies.
- Baker submitted a CPR card showing certification date "1/14/17" but with an apparent misprinted expiration "01/2017," and provided a BCI/FBI letter stating the FBI "MAY NOT MEET qualifications for licensing or employment."
- Bethany testified he asked Baker to obtain a valid CPR card and to secure the FBI rapsheet (per the BCI letter) so the Company could present Baker’s full background to its client; Baker did not supply corrected documents before trial.
- Baker sued in small claims for $169 plus $5,000 lost wages for breach of a promised hire; the magistrate found Baker failed to meet the listed requirements and the trial court adopted that decision.
- After the magistrate decision, Baker submitted additional documents (Perrysburg Fire Department letter on CPR validity and a later criminal-history printout) that were not introduced at the hearing; the trial court nonetheless overruled his objections and affirmed the magistrate.
Issues
| Issue | Baker's Argument | R/A Cab's Argument | Held |
|---|---|---|---|
| Applicability of at-will doctrine / nature of the alleged promise | Baker: He was promised future employment upon meeting conditions, so at-will law does not govern this unilateral promise. | Bethany/Company: No fixed-term employment offered; any hiring would be at-will. | Court: At-will doctrine applies; no offer of employment for a specific duration, so at-will law governs. |
| Whether Baker satisfied the CPR requirement | Baker: CPR card had a typographical error but was substantively valid and accepted by prior employers; sufficed. | Company: Card appeared expiring/incorrect; asked Baker to bring a corrected card. | Court: Employer testimony credited; CPR card not corrected and thus did not meet requirement. |
| Whether Baker satisfied the criminal-background requirement / acceptance of BCI letter | Baker: The BCI/FBI "may not meet" form is boilerplate and/or he provided his rapsheet to the employer; prior employers accepted it. | Company: BCI letter required Baker to obtain the rapsheet; without it the Company could not present details to its client and could not hire him. | Court: Baker did not produce the rapsheet at trial or to the Company; failure to cure the background issue meant he did not meet conditions. |
| Breach and evidentiary/subpoena complaints (witnesses, denied questioning) | Baker: Court curtailed testimony about manager communications and practice of prior employers; could not subpoena the former manager or replacement witness. | Company: Baker failed to subpoena those witnesses; testimony about other employers or unavailable witnesses was not probative. | Court: No abuse of discretion; restrictions and failure to subpoena meant Baker could not rely on those witnesses or late evidence. |
Key Cases Cited
- Helle v. Landmark, Inc., 15 Ohio App.3d 1, 472 N.E.2d 765 (unilateral contract accepted by performance)
- Anders v. Specialty Chem. Resources, Inc., 121 Ohio App.3d 348, 700 N.E.2d 39 (presumption that employment without specified duration is at will)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (abuse-of-discretion standard explained)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 553 N.E.2d 597 (standard for finding abuse of discretion)